§ 27-1-28-18 — Penalties; refusal of license renewal

(a) The commissioner may suspend, revoke,
or refuse to issue or renew an independent adjuster license, or place an
independent adjuster on probation, for a cause set forth in subsection
(b).
(b) An independent adjuster is subject to the penalties set forth in
subsection (a) for any of the following:
(1) Providing incorrect, misleading, incomplete, or materially
untrue information in a license application.
(2) Violating an insurance law, a subpoena, or an order of the
commissioner or another state's insurance commissioner.
(3) Obtaining or attempting to obtain a license through
misrepresentation or fraud.
(4) Improperly withholding, misappropriating, or converting
money or property received in the course of doing insurance
business.
(5) Intentionally misrepresenting the terms of an actual or
proposed insurance contract or application for insurance.
(6) Having been convicted of a felony.
(7) Having admitted or been found to have committed any unfair
trade practice or fraud in the business of insurance.
(8) Using fraudulent, coercive, or dishonest practices, or
demonstrating incompetence, untrustworthiness, or financial
irresponsibility, in the conduct of insurance business.
(9) Having an insurance license, or its equivalent, probated,
suspended, revoked, or refused in another state, province, district,
or territory.
(10) Forging another person's name to a document related to an
insurance transaction.
(11) Cheating, including improperly using notes or any other
reference material, to complete an examination for an insurance
license.
(12) Failing to comply with an administrative or court order
imposing a child support obligation.
(13) Failing to pay state income tax or failing to comply with an
administrative or court order directing payment of state income
tax.
(c) If the commissioner refuses an application for licensure or for
the renewal of an existing license under this chapter, the commissioner
shall notify the applicant or licensee in writing, advising of the reason
for the refusal. The applicant or licensee may, not more than thirty (30)
days after receiving the commissioner's notice of refusal, make written
demand upon the commissioner for a hearing to determine the
reasonableness of the refusal. The hearing must be held under IC 4-21.5 not more than twenty (20) days after the commissioner receives
the applicant's or licensee's written demand.
(d) The commissioner may suspend, revoke, or refuse a business
entity's independent adjuster license under this chapter or place a
business entity licensed under this chapter on probation if, after a
hearing under IC 4-21.5, the commissioner finds that:
(1) the individual licensed independent adjuster designated by the
business entity under section 13(b)(2) of this chapter as being
responsible for the business entity's compliance with Indiana
insurance law committed a violation described in subsection (b)
while acting on behalf of or representing the business entity;
(2) the violation was known or should have been known by at
least one (1) of the business entity's partners, officers, or
managers;
(3) the violation was not reported to the commissioner; and
(4) the business entity did not take corrective action.
(e) In addition to or instead of a penalty imposed under subsection
(a), the commissioner may, after a hearing under IC 4-21.5, impose a
civil penalty of at least fifty dollars ($50) and not more than ten
thousand dollars ($10,000), regardless of whether the person on whom
the penalty is imposed holds an independent adjuster license issued
under this chapter that is in effect. A penalty imposed under this
subsection may be enforced in the same manner as a civil judgment.

Legislative History

As added by P.L.11-2011, SEC.22.